\doc\web\index\wastw.txt


Summary: WA is gearing up to create a new bureauacracy to replace
vocational training with a "workforce development" board which will
implement "a system of lifelong learning" based on FEDERAL School To
Work initiatives, with federal sanctions if schools and universities
do not show "continuous progress" towards "desired behaviors". This
is dangerous, evil stuff. Forwarded to seattle.politics, wash.politics
(compiled by Arthur Hu)


Date: Tue, 16 Mar 1999 16:29:04
To: idzrus@earthlink.net
From: Lynn M Stuter <lmstuter@icehouse.net
Subject: ED: Dear Human Resource Unit . . .


I invite all to visit http://www.wa.gov/wtb/wia-impl.html .


We have been told consistently that all this restructuring was bottom-up,
local in flavor, and grassroots.  What is on this site leaves no doubt
that the people of this state have been consistently lied to; that this
whole plan (as if we didn't know) is top down federal control; violating
our state's sovereignty; by-passing our legislature (who do not serve the
people of this state); centralizing control of education, school to work,
and workforce training under the direct control of the federal government
in a managed communist economy.  


Welcome to the Soviet States of Amerika, comrades.


LynnS




http://www.wa.gov/wtb/wia-impl.html
Implementing the federal Workforce Investment Act


Developing a world-class workforce training system is the key to both
income equity and economic growth in Washington State. Gov. Locke
articulated a plan for workforce development in a directive sent by his
chief of staff Joe Dear to state agencies other stakeholders involved with
workforce development.


WARNING! DANGER!


stakeholders
motivate desired behavior
continuous improvement

performance standards


If a school district or college is not making "substantial progress"
in achieving the state level performance standards, the lack of
progress triggers an assessment of the reason for the lack of
progress and an local improvement plan.




If a state fails to meet the state performance standards for two
consecutive years, the Department of Labor may financially sanction
the state.  Under WIA Title II (Adult Education and Literacy) the
state must use the federal core indicators to measure and report
state performance and establish state performance standards.


outcomes


Competencies:  Washington's workforce possess the skills and abilities 
required in the workplace.


AN ACT Relating to developing a system of lifelong learning;


we need to have an explicit work force development strategy linked
with our state economic development efforts.


The legislature further finds that in order to succeed we must have a
system of lifelong learning 


training and education must be skills-based and certified so that
workers can attain certified skills that allow them to move up the
job ladder over their lifetime. (state / federal control over
curriculum (EALR/WASL) teacher (performance based teacher tests), and
skill standards)
CONTENTS:


(3) Hold the work force delivery system accountable for improved
results in employment, earnings, skills gains, and customer
satisfaction;


     (1) There is hereby created the work force (({- training and
education coordinating -})) {+ development +} board as a state agency
(({- and as the successor agency to the state board for vocational
education.  Once the coordinating board has convened, all references to
the state board for vocational education in the Revised Code of
Washington shall be construed to mean the work force training and
education coordinating board, except that reference to the state board
for vocational education in RCW 49.04.030 shall mean the state board
for community and technical colleges -})).
     (2)(a) The board shall consist of (({- nine -})) {+ eighteen +}
voting members appointed by the governor with the consent of the
senate, as follows:  (({- Three -})) {+ Five +} representatives of
business, (({- three -})) {+ five +} representatives of labor, {+ a
representative of private career schools, a representative of
community-based organizations, a representative of local elected
officials, +} and, serving as ex officio members, the superintendent of
public instruction, the executive director of the state board for
community and technical colleges, (({- and -})) the commissioner of the
employment security department{+ , the secretary of the department of 
social and health services, and the director of the department of
community, trade, and economic development +}.  (({- The chair of the
board shall be a nonvoting member selected by the governor with the
consent of the senate, and shall serve at the pleasure of the governor. 






CORE PERFORMANCE INDICATORS
LOCAL COUNCIL REPORT
HOUSE AND SENATE BILLS


CORE PERFORMANCE INDICATORS


Implementing the federal Workforce Investment Act


Developing a world-class workforce training system is the key to both
income equity and economic growth in Washington State. Gov. Locke
articulated a plan for workforce development in a directive sent by his
chief of staff Joe Dear to state agencies other stakeholders involved with
workforce development.


In his plan, the Governor directed the Workforce Training and Education
Coordinating Board to assume the role of the state's Workforce Development
Board in implementing the federal Workforce Investment Act and to begin a
unified planning process for workforce development.


To start this work, WTECB staff drafted recommendations on the functions

and membership of local Workforce Development Councils and state core
performance indicators for workforce development programs. The Board will
discuss local council functions and membership at its March 18 meeting and
is scheduled to take action on these recommendations to the Governor at its
April 28 meeting. The Board will begin discussing core state performance
indicators on March 18 and is scheduled to take action on June 22.


WTECB is soliciting comments on these proposals; your comments should be
sent to Martin McCallum. Please give you name, the organization you
represent, and your address in your correspondence.


If you would like copies of these proposals, you can download them here:


                Local Councils  Core Performance Indicators


                  Word format           Word format


                  PDF format            PDF format


Note: Files in PDF format require Adobe Acrobat Reader software to read and
print.


Additionally, the Governor proposed legislation to make changes in state's
workforce development system. Two executive request bills are moving
through the Legislature - ESSB 5533 and HB 1632. On March 11, ESSB 5533
passed the Senate by a vote of 38-8. It will be sent to the House for
further consideration. The House bill has been superceded by SHB 2256,which
is in the House Appropriations Committee for further consideration.


For more information on the Workforce Development Act, check our Links to
the Workforce Investment Act.


                                  [Image]


                         Return to WTECB Home Page


                                  [Image]






										Attachment D


Draft Proposal to Identify State Core Indicators for Workforce Development 
Programs


This paper explains the purpose of common and core indicators for measuring 
the results of workforce development programs, and recommends how the 
Workforce Board should proceed to identify state core indicators.


Overall, the purpose of common indicators is to provide policy makers with 
data on program performance that can be used to continuously improve policies 
at the state level.  In order to serve this purpose, many indicators are 
required.  The purpose of a smaller set of state core indicators is to focus 
the attention of policy-makers and program operators on a few critical results 
for workforce development programs and to help unify workforce development 
programs around common purposes.  State core indicators can also serve certain 
federal requirements as explained in the paper.


Common Indicators


The Workforce Training and Education Coordinating Board has developed common 
indicators for measuring the results of workforce training programs.  The 
indicators are published in the state's comprehensive plan, "High Skills, 
High Wages," and appear on page 41 of the 1998 update.  The Workforce Board 
uses these indicators every two years in producing the report, "Workforce 
Training Results."  The primary purpose of the report is to inform continuous 
improvement in state level policies.  The report is required under current 
state law.


The common indicators and the exact methodology for measuring the indicators 
are not permanent.  They are continually evolving as we learn more from the 
research and as the data capacity of programs improves.  While the goal is to 
have consistent methodology across programs, there remain some differences 
between programs due to differences in data capability.  There are also 
differences in the indicators between programs because of differences in the 
populations served and the purposes of the programs.  For instance, an 
indicator for programs that serve dislocated workers is earnings replacement.  
Such an indicator does not make sense for measuring programs that provide 
initial workforce preparation.


The current methodology for measuring the indicators is attached.  The 
attachment shows the methodology that the Board staff plans to use to collect, 
analyze, and report data during 1999 for "Workforce Training Results," to be 
published in the year 2000.


State Core Indicators


Core indicators are a small set of indicators that serve purposes beyond 
informing continuous improvement in state level policies.  Core indicators are 
important for motivating desired behavior by program administrators and staff.  
While the state will identify core indicators to meet state goals, the core 
indicators will also serve certain federal requirements.  (See illustration on 
the following page.)






========================    see web site or email for more info ============================


Common and Core Indicators




State Core Indicators


	A small subset of the PMCI Common 
Indicators used to motivate desired 
behavior by program administrators and 
staff, and to unify workforce 
development programs around common 
purposes.




Federal Core Indicators


Federally prescribed 
indicators.  The purpose of the 
indicators and whether they are 
voluntary or mandatory varies 
from program to program.  The 
indicators are still under 
development, vary from program 
to program, and may or may not 
overlap with PMCI common 
indicators or state core 
indicators.










PMCI Common Indicators


A large set of indicators used to 
inform continuous improvement in state 
level policy.  Reported biennially in 
"Workforce Training Results."
















The Workforce Investment Act (WIA) and the 1998 amendments to the Carl Perkins 
Act (CP3) both use the term "core indicators."  The term refers to the 
indicators that the state will report to the federal government regarding the 
performance of programs funded by WIA and CP3.  These programs include WIA 
Title I programs of youth, adults, and dislocated workers (formerly known as 
JTPA Titles IIA, IIB, IIC and III), WIA Title II-Adult Education and 
Literacy, and secondary and postsecondary vocational education.


Under both WIA and CP3 the federal law lists a set of core indicators.  In 
addition, under both WIA and CP3 the state may also identify and use 
indicators of its own choosing.  These state discretionary indicators are 
referred to here as the state core indicators (as opposed to the federal core 
indicators).


The purpose of the state core indicators varies somewhat under WIA and CP3.  
Under CP3 the state may grandfather in state core indicators and use them 
instead of the federal core indicators.  This is what the state has told the 
Department of Education we plan to do.  Under CP3 the core indicators are used 
to set state performance standards (numerical targets that are to be met, also 
known as "adjusted levels of performance") for secondary and postsecondary 
vocational education at the state level.  If the standards are not met, the 
state is to develop and implement an improvement plan.  If the standards are 
not met for two consecutive years, the Department of Education has the 
authority to financially sanction the state.  In addition, the state is to use 
the core indicators and the state performance standards to measure the 
performance of vocational education at the local level-school districts and 
colleges.  If a school district or college is not making "substantial 
progress" in achieving the state level performance standards, the lack of 
progress triggers an assessment of the reason for the lack of progress and an 
local improvement plan.


Under WIA the state must use the federal core indicators.  Under WIA Title I 
(formerly JTPA) the state must use the federal core indicators to measure and 
report state performance and establish state and local area performance 
standards.  If a state fails to meet the state performance standards for two 
consecutive years, the Department of Labor may financially sanction the state.  
Under WIA Title II (Adult Education and Literacy) the state must use the 
federal core indicators to measure and report state performance and establish 
state performance standards.


Under both WIA Title I and II the state may identify additional state core 
indicators (additional to the federal indicators) and use these to measure 
state performance.  Under WIA Title I the state may also use the state core 
indicators to measure local area performance.  WIA is generally silent, 
otherwise, on how a state may use the state core indicators, leaving it to the 
discretion of the state.




Draft Proposal to Identify State Core Indicators


The proposal is for the Workforce Board to:


Select a subset of the PMCI common indicators as the state core 
indicators.  The state core indicators will be identified as the state's 
core indicators under the Carl Perkins Act and as the "additional" 
state indicators under WIA Title I and WIA Title II for work-related 
adult education and literacy.  The methodology for measuring the core 
indicators may differ from one program to another, for example, the 
purpose of the program, the population served, or the data capacity of 
the program.  For similar reasons, there may be core indicators that do 
not apply to every program.  The state core indicators will be used as 
required under the Carl Perkins Act, to measure state performance under 
WIA Titles I and II, and to measure local area performance under WIA 
Title I.  Other uses of the state core indicators will be identified 
later by the Workforce Board during the unified planning process, 
including the applicability of the state core indicators to other 
programs.  (The legislature is currently considering amendments 
regarding Board use of performance indicators for incentives and 
sanctions.  This legislative action may impact the use of the state core 
indicators.)


Next Steps


The PMCI workgroup will identify for the Board's discussion at the April 
meeting a winnowed subset of the common indicators for possible use as state 
core indicators.  In May, WTECB will conduct interagency meetings, or focus 
groups, to collect input on identifying some of the winnowed list of 
indicators as state core indicators.  The Board will take preliminary action 
on the list of state core indicators at the June meeting.  The Board will take 
final action on the state core indicators in the Winter of 2000 as part of 
adopting a State Unified Plan to be recommended to the Governor.  The state 
core indicators are not final until they are approved by the Governor.


Rationale


The state should have a small set of core indicators that:  (1) focuses the 
attention of policy-makers and program operators on critical results for 
workforce development programs and
(2) helps to unify workforce development programs around common purposes.


This process should allow adequate time for stakeholder feedback while still 
letting the programs and providers know how they are likely to be measured.




















Attachment D1




Performance Management for Continuous Improvement
Common Program Outcomes and Indicators for Workforce Training Results
(as of 3-11-99)


These outcomes are not static targets but conditions that should be 
increasingly true for all people.


Competencies:  Washington's workforce possess the skills and abilities 
required in the workplace.


1.	Educational credential attainment and industry certification:  The number 
and rates of program participants attaining licensure or certification, 
attainment of academic degrees or equivalents, or attainment of other 
measures of skills.


Methodology:  Number and rates of program participants  leaving the program 
that year who were awarded the relevant educational or skill credential 
based upon administrative records.


Special considerations:  While it is desirable to measure the rate at which 
secondary vocational education participants obtain a high school diploma, 
we still do not have meaningful school district data identifying vocational 
participants other than vocational completers, making such a measure 
impossible.


2.	Basic skills attainment:  The number of participants leaving the program 
that year attaining certain basic skills gains based upon individual 
assessments of skill levels.


Methodology:  Administrative records of the number of participants leaving 
the program that year attaining certain basic skills gains based upon 
individual assessments of skill levels.


Special considerations:  This indicator is appropriate only for programs 
that offer basic skills instruction.  Until actual assessments are in 
place, proxies will be required.


3.	Participant perception of competencies gained.


Methodology:  Percentage of former participants who report their skills 
improved as a result of the program as evidenced by survey responses from a 
sample of former participants to the following question regarding selected 
skills:


Did the training improve your _____ skill a lot, a little, or not at all?






4.	Relatedness of training to employment:  Employment rate in field related to 
occupational training as evidenced by survey results.


Methodology:  Percentage of program completers from a sample of program 
completers who are employed, who respond positively to the survey question:


	To what extent is your training related or not related to your current job?


	1.	Not related to my current job.
	2.	Somewhat related to my current job.
	3.	Very related to my current job.




Employment:  Washington's workforce finds employment opportunities.


1.	Employment rates of participants who have left the program.


Methodology:  Percentage of former participants and the percentage of 
program completers with employment covered by unemployment insurance and 
other public administrative records during the third quarter after leaving 
the program as adjusted by evidence from other public records and from 
survey responses regarding employment of former participants without in-
state covered employment.


Special considerations:  Survey-based information from a sample of 
participants will still be reported for statewide employment rates until 
administrative records matching is more complete.  Respondents will be 
asked about a recent quarter.


2.	Employment or further education:  Percentage of former participants either 
employed, in the military, or enrolled in education or training during the 
year after leaving the program.


Methodology:  Based on administrative record matches combined with measures 
discussed above under employment rate for the third post-program quarter.




Earnings and Reduced Poverty:  Washington's workforce achieves a family-wage 
standard of living from earned income, and Washington's workforce lives above 
poverty.


1.	Median earnings of former participants.


	Methodology:


a.	Median quarterly earnings and median hourly wages of  former 
participants and program completers in covered employment during the 
third quarter after leaving the program, based upon unemployment 
insurance wage records.




b.	Median annual earnings of former participants and program completers in 
covered employment during four consecutive quarters after leaving the 
program, based upon unemployment insurance wage records during post-
program quarters 3 through 6 and 7 through 10.


Special considerations:  For programs serving youth, only individuals not 
enrolled in school or college will be counted for the earnings measures.


2.	Median earnings replacement for dislocated workers.


Methodology:  Median of the ratio of dislocated worker participants' third 
quarter post-program earnings to their third quarter pre-separation 
earnings, based upon unemployment insurance wage records.



Special considerations:  Applies only to programs targeting dislocated 
workers.


3.	Poverty and "family-wage" standards of living:  Percentage of 
participants with earnings above the poverty level and the percentage above 
twice the poverty level.


Methodology:


a.	The number of individuals that former participants' median covered 
earnings during the third quarter after leaving the program can support 
at the poverty level, based upon unemployment insurance wage records. 


b.	The percentage of participants who can support a family of one, a family 
of two, and a family of three at the poverty level, based upon 
unemployment insurance wage records for the third quarter after leaving 
the program.


c.	The number of individuals that former participants' median covered 
earnings during the third quarter after leaving the program can support 
at the "liveable" income level identified by the "Job Gap Study" for 
a family of one, two, and three.


4.	Percentage of former participants receiving public assistance.


Methodology:  The percentage of former participants receiving TANF cash 
assistance during the third quarter after leaving the program based upon 
administrative records.


Special considerations:  Because of recent policy changes, we will first 
analyze the data to determine if it still makes sense to report this 
measure.


5.	Distribution of earnings:  The distribution of former participants 
annualized earnings over the range of earnings of Washington workers.


Methodology:  The percentage of former participants with annualized 
earnings during the third post-program quarter in each quintile of the 
distribution of earnings of all Washington workers with covered wages, 
based upon unemployment insurance wage records.
Customer Satisfaction:  Workforce development participants and their employers 
are satisfied with workforce development services and results.


1.	Individual satisfaction as evidenced by participant responses to survey 
questions.


Methodology:



a.	Percentage of former participants from a sample of former participants, 
who report satisfaction in response to the survey question:


Overall, would you say that you were very satisfied, somewhat satisfied, 
somewhat dissatisfied, or very dissatisfied with the program?


b.	Percentage of former participants from a sample of former participants, 
who report satisfaction in response to a series of survey questions.


2.	Employer satisfaction as evidenced by employer responses to survey 
questions.


Methodology:  Percentage of employers who report satisfaction with new 
employees who are recent program completers as evidenced by survey 
responses from a sample of employers to the question:


How satisfied was your firm/organization with each of the skills listed 
below of new employees who recently completed _____ program?


	a.	Overall quality of work.
	b.	Responses to a series of skills.




Return on Investment:  Workforce development programs provide returns that 
exceed program costs.


1.	The ratio of program participants' net increase in earnings and employer-
provided benefits compared to the public cost of the program.


Methodology:  To be measured every five years by non-experimental net-
impact cost-benefit evaluations.


Special considerations:  Will not be measured in 1999.


  A participant is an individual who has demonstrated the intent to complete a sequence of program activities.
1






LOCAL COUNCIL REPORT


										Attachment C


Options on Additional Functions for Local Workforce Development Councils 


The Governor's bill on workforce development (SB 5533 and HB 1632) creates 
local workforce development councils and assigns them certain functions for 
the local workforce development system.  The local councils are to: 


1.	Develop and maintain the local unified plan and the plan for Workforce 
Investment Act (WIA) Title I.
2.	Conduct oversight over the local one stop system.
3.	Coordinate workforce development activities and ensure linkage with 
economic development strategies.
4.	Coordinate outreach to employers.
5.	Identify eligible providers of training services.
6.	Assess the planning process for quality improvement.
7.	Execute a master partnership agreement with local elected officials.


The councils are also to serve the functions of local Workforce Investment 
Boards as specified in WIA Title I.  These functions include:


?	Development of the local plan.
?	Selection and oversight of WIA Title I providers and One-Stop Operators.
?	Negotiation regarding local performance standards for WIA Title I.
?	Assistance regarding the employment statistics system.
?	Linkages with employers.


In addition to the functions required by state and federal law, the Governor 
may specify other functions that local councils must serve.  Also, the 
Governor or local elected officials may indicate whether or not local councils 
may be One-Stop Operators or be direct service providers under WIA Title I.


The following are some options regarding functions that the Board may wish to 
consider recommending to the Governor.


I.	Analyze the results of workforce development programs in the area 


The State Workforce Development Board is responsible for measuring the 
statewide results of programs in the state's workforce development 
system. 


Currently there is no local board or council that is responsible for 
analyzing the results of local area programs across the local area's 
workforce development system.  Currently local program results (when 
available) are available in bits and pieces.  Adding this analytical 
function to local councils fills a known gap.




Local councils must acquire a close familiarity with the results and 
degree of effectiveness of their area's workforce development programs.  
Without this familiarity, and without ready access to program 
performance data, it will be difficult for the councils to develop a 
local Unified Plan that includes strategic recommendations on how to 
improve system performance.  The councils will need to back up their 
recommendations with facts and data findings.  To properly understand 
this data, local councils will need to have a sound understanding of the 
programs in their area.


The option of analyzing results would not necessarily increase the data 
collection responsibility, or costs, of local councils.  The Workforce 
Board will be able to break down statewide results by the 12 areas, and 
provide the data to the local councils.


II.	Advocate for meeting the needs of employers and of individuals pursuing 
non-baccalaureate training


In partnership with local elected officials, the local Workforce 
Development Councils in Washington State will develop a local Unified 
Plan.  The local Plan will include assessments of local employment 
opportunities and skills needs, the current and future workforce, and 
the current workforce development system; and will include goals, 
objectives, and strategies for the local workforce development system.  
Given this strategic planning function, local councils will be uniquely 
positioned to advocate for meeting the needs of the area's employers and 
individuals pursuing non-baccalaureate training.  There is currently no 
local entity with this function.


III.	Prohibition on Councils serving as One-Stop Operators


Local Workforce Development Councils, with the agreement of their Chief 
Elected Official, are authorized to designate or certify One-Stop 
Operators and to terminate for cause the eligibility of such operators.


Local councils may provide WIA Title I-B Core Services or Intensive 
Services through a One-Stop delivery system or the councils may be 
designated or certified as a One-Stop operator only with the agreement 
of their Chief Elected Official and the Governor.


The Workforce Training and Education Coordinating Board (WTECB) could 
recommend to the Governor that local councils be prohibited from serving 
as One-Stop Operators.


Arguments For:


Safeguards are needed so that local councils can impartially select and 
certify One-Stop Operators.  Councils must assume a neutral oversight 
role in tracking the performance of One-Stop Operators and decertifying 
One-Stop Operators in instances of poor performance.  This type of 
oversight and regulatory responsibility would be compromised if councils 
assumed both an oversight role and a service delivery role.


This prohibition against the delivery of direct services would assist 
councils to focus on strategic planning and performance oversight.  
Direct service delivery would divert councils' policy focus.


Local councils, with approval of the Chief Elected Official, develop the 
budget for the One-Stop Operator(s).  This budget lays out staff costs 
and the budget split for WIA Title I-B core, intensive, and training 
services.  Having no direct role in the operation of One-Stop allows 
local councils to establish a One-Stop operating budget that is focused 
on results expected and is not affected by internal organizational 
considerations.


One-Stop Operators may deliver services within Career Development 
Centers or the Operators may competitively sub-contract services to 
other agencies and community based-organizations based on approval of 
local councils.  The council can make unbiased judgments for selection 
of sub-contractors.  Opportunities for community agencies to compete for 
service delivery contracts are not restricted by any motivation to 
protect internal jobs.


Arguments Against:


Certain efficiencies that come with internal contract management would 
be lost.


As local councils develop One-Stop operating budgets, they could not 
benefit from the first-hand knowledge and experience that is gained 
through direct service delivery.


Staff, hired by local councils to draft strategic policy, would not be 
directly exposed to current and changing conditions affecting service 
delivery and client populations compared to staff who could split their 
time between policy responsibilities and direct service 
responsibilities.


Prohibiting local councils from serving as One-Stop Operators could 
disrupt current arrangements.  A Private Industry Council (PIC) may have 
already been chosen by the area's One-Stop Partners to manage a One-Stop 
Career Development Center.


IV.	Prohibition on Councils Providing Core and Intensive Services funded 
under WIA Title I


The Workforce Training and Education Coordinating Board could recommend 
to the Governor that local Workforce Development Councils be prohibited 
from directly providing WIA Title I-B Core Services and Intensive 
Services.


Arguments For:


Local councils must maintain a clear focus on strategic planning and 
accountability.  To be effective as strategic planning bodies they must 
function with neutral oversight.  Direct responsibilities might 
influence opportunities among other service delivery providers; and 
determining local Unified Plan goals, objectives, and strategies.  
Delivering services for one program could affect local councils' ability 
to neutrally recommend strategies affecting that and other workforce 
development programs.


Arguments Against:


Not more than 10 percent of the Title I-B grants may be used by local 
councils for the administrative costs of carrying out WIA Title I-B 
activities.  The 10 percent funds must cover council support costs and 
contribute to the administrative costs of One-Stop Centers.  Some of the 
smaller Workforce Investment Areas (for example Benton and Franklin 
Counties) will have a very small administrative budget.  Permitting 
local councils to directly deliver WIA Title I-B Core and Intensive 
Services allows the Council a budget with an expanded economy-of-scale 
that accommodates hiring a larger number of local council staff.


Prohibiting local councils from delivering WIA Core and Intensive 
Services could disrupt current arrangements.  Some areas in Washington 
State have PICs with staff that administer services.  Some such areas 
have positive outcomes compared to other areas in the state and nation.  
Building a firewall between council staff and the provision of direct 
service may be difficult, given the overlap of PIC staff and staff who 
administer Job Training Partnership Act Service Delivery Areas.  In 
addition, PIC staff deliver services funded by non-JTPA services, for 
example, the federal welfare-to-work program.


V.	Phase In Options


Criteria prohibiting local councils from serving as One-Stop Operators 
and/or from directly providing WIA Title I-B Core and Intensive Services 
could be phased in over time.


Prohibition from carrying out these programmatic functions could be 
effective on July 1, 2001.








Draft Options on State Membership Criteria for Local Workforce Development 
Councils




Background


The Governor's bill establishes local workforce development councils that are 
to serve, among other things, as local workforce investment boards (WIBs) as 
specified by the Workforce Investment Act (WIA).


Sec. 117 (b)(1) of WIA states that, "The Governor of the State, in 
partnership with the State board, shall establish criteria for use by chief 
elected officials in the local areas for appointment of members of the local 
boards in such areas ."


The membership criteria is not limited to that specified by the Act and by the 
Governor; the local elected officials may also add to these requirements.  
Under (2) (B) of Sec. 117, the local board "may include such other 
individuals or representatives of entities as the chief elected official in 
the local area may determine to be appropriate."


The Governor may choose from among two basic options and add to the federal 
criteria for either option:  (1) Establish new entities that meet the 
requirements for the membership of local WIBs specified in WIA; and (2) Chose 
a local entity already in existence that is either a Private Industry Council 
(PIC) or a body substantially similar to the local WIBs described in WIA.


Options for the Board's Consideration


Below are some major options for state criteria for the membership of local 
workforce development councils.  The Board could mix and match one or more of 
these options to create a package of criteria to recommend to the Governor.


I.	Choice between a New Entity or an Existing Entity


a.	The Governor could leave it to the discretion of local officials 
whether to establish a new entity or use an already existing entity.


This option would maximize the discretion of local elected officials 
in order to meet local needs, but could result in a lack of 
uniformity across the state.


b.	The Governor could require local elected officials to use a new 
entity.


If this option is chosen, the Governor and local elected officials 
would be required to use or build upon the membership requirements 
for local WIBs specified in WIA.  These requirements would mandate 
very large local entities (probably exceeding 40 members) with broad 
representation of workforce development stakeholders.  Creating new 
entities may result in start-up problems, but might better indicate 
the newness of the new workforce development system.


Federally Mandated Members of New Entities


O	Representatives of Business
	The Board must have a business majority and elect a business 
chairperson
O	Representatives of local educational entities including local 
educational agencies, local school boards, entities providing 
adult education and literacy activities, and postsecondary 
education institutions
O	Representatives of labor organizations
O	Representatives of community-based organizations
O	Representatives of economic development
O	Representatives of each of the One-Stop Partners:
	*	Workforce Investment Act Title IB Programs
	*	Wagner-Peyser Public Labor Exchange Programs
	*	Federal Adult Education and Literacy Programs
	*	Programs authorized under Title I of the federal Vocational 
Rehabilitation Act
	*	Senior Community Service Employment Program (Title V of the 
Older Americans Act)
	*	Postsecondary federal vocational education programs (Perkins 
III)
	*	Trade Adjustment Assistance Programs under the Trade Act of 
1974
	*	Federal employment and training service programs for Veterans
	*	Employment and training programs funded by the federal 
Community Services Block Grant
	*	Employment and training services carried out by the Department 
of Housing and Urban Development


Other human resource programs that may be One-Stop Partners (Sec. 
121(b)(2)-


*	Temporary Assistance for Needy Families (TANF Welfare Reform)
*	Food Stamp Employment and Training Programs
*	National and Community Service Programs
	*	Other appropriate federal, state, and local programs, including 
programs in the private sector


c.	The Governor could require local elected officials to use existing 
entities.


This option would require each area to grandfather in the PIC-the 
only entity in Washington that appears to meet the federal criteria 
for existing entities.  This option has the advantage of building 
upon existing bodies which may ease the transition period.  The 
option would also allow the use of smaller entities than would be 
required if new bodies were created.  (PICs typically have about 20 
members.)  Currently, a PIC must include representatives of:


-	Business, who must constitute a majority of the council, be from 
nominations provided by a general purpose business organization, 
and be at least half representatives of small business (500 or 
fewer employees).
-	Organized labor and community-based organizations, who together 
must constitute at least 15 percent of the members, and the labor 
representatives must be recommended by a labor federation.
-	Educational agencies nominated by local or regional educational 
agencies.
-	Vocational rehabilitation agencies, recommend by interested 
organizations.
-	Public assistance agencies, recommended by interested 
organizations.
-	Economic development agencies, recommended by interested 
organizations.
-	The public employment service, recommended by interested 
organizations.


This option has the disadvantage of designating as the local 
workforce development council an entity that has been associated 
predominantly with JTPA, which makes up just 10 percent of the 
workforce development system.


II.	Permitting Individuals to Represent More than One Entity


As mentioned above, a challenge with establishing a new entity is the 
size required to represent all the entities that a newly established WIB 
must represent according to WIA.  One way of reducing this number is a 
criteria permitting individuals to represent more than one entity.  For 
example, a single agency official might represent more than one of the 
One-stop partners whose programs are located within that official's 
agency.  Such an option would make the size of a new entity more 
manageable, but could decrease the representation of the interests of 
particular entities.


III.	Increase Representation of Certain Entities


Under any of the above options, the Governor could establish criteria to 
increase the required membership of particular kinds of representatives.  
The Department of Labor's preliminary regulations indicate that the 
state can change the membership requirements of an existing entity, 
although not significantly.  "Significantly" is not defined, and is 
left to the discretion of Governors.


a.	The Board could recommend to the Governor criteria for increasing 
labor representation on local councils.


It is possible to meet the federal requirements for a PIC with a 
single labor representative and federal requirements for a WIB with 
two labor representatives out of a body of over 40 members.  This 
amount of representation is inconsistent with the state's tripartite 
tradition and with the extent to which workers are organized in the 
state.  Options for increased labor representation include setting 
the minimum number of members who must represent labor at four.  
(Stakeholders have stated a preference for numbers over percentages.)  
In setting the criteria, interest in substantial labor representation 
should be balanced against interest in having local entities of a 
reasonable size.  Consideration might also be given to the lower 
extent of unionization among workers in some regions of the state.


b.	The Board could recommend to the Governor criteria for increasing 
small business representation on local councils.


There is no federal requirement that WIBs include representatives of 
small business.  The federal requirement for PICs count businesses as 
small if they have fewer than 500 employees.  One option is to 
require that a certain number of the business representatives (such 
as 3 or 4) represent small businesses of fewer than 50 employees.


c.	The Board could recommend to the Governor criteria for increasing 
education representation on local councils.


It is possible to meet the federal requirements for a PIC or a WIB 
with two education representatives.  There is no requirement that a 
PIC or a WIB have a representative of either K-12 or postsecondary.  
All the education representatives could be from either K-12 or 
postsecondary.  These federal criteria seem insufficient given the 
Governor's goal to have local unified plans for the workforce 
development system in which about two-thirds of funding is in 
secondary and postsecondary education.


One option for a state criterion is to require representation from 
each of the following: K-12 education, secondary vocational-
education, postsecondary vocational education, and adult education 
and literacy.  Another option is to require two representatives form 
K-12 and two from postsecondary education.


d.	The Board could recommend to the Governor general criteria for 
increasing representation on local councils.


Instead of requiring a certain number of representatives from the 
above entities, the state could leave the number to the discretion of 
local elected officials (so long as they stay within the federal law) 
and require the officials to explain how their appointments 
adequately provide for representation of the above entities.  This 
option would allow for flexibility to meet local circumstances, but 
would not ensure certain minimum membership.


IV.	Increase Requirements for Individual Members


	a.	The Board could recommend to the Governor criteria for increasing the 
authority of members of local councils.


The WIA requires members of local WIBs to be "individuals with 
optimum policymaking authority within the organizations, agencies, or 
entities," they represent.  There is no current federal requirement 
for members of PICs, except that the business representatives must 
have "substantial management or policy responsibility."  An option 
for state criteria is to require, if a PIC is used, for the 
representatives on the PIC to be, "individuals with optimum 
policymaking authority within the organizations, agencies, or 
entities, they represent."  Such criteria could increase the 
influence and breadth of individuals who serve as members.  On the 
other hand, such an option could exclude knowledgeable retired 
persons and persons with expertise in particular fields, such as 
human resources.


b.	The Board could recommend to the Governor criteria for business 
representation from key economic sectors.


The business members of PICs must "reasonably represent the 
industrial and demographic composition of the business community."  
WIA requires business representatives of WIBs to "represent 
businesses with employment opportunities that reflect the employment 
opportunities of the local area."  Neither JTPA or WIA requires 
business representatives to represent key or strategic sectors of the 
economy.  The requirements for PICs and WIBs literally mean that most 
business representatives should be from retail trade and services.


One option is to require that the business representatives be from 
sectors of the economy critical to the economic development of the 
area.  This option could increase linkages with economic development, 
but applied too strictly, might restrict service by knowledgeable 
individuals from other economic sectors.


c.	The Board could recommend to the Governor that business 
representatives must be from employers in the area.


There is no federal requirement, or language in the Governor's bill, 
that the business representatives be employers or owners, or be from 
the local area.  One option is to require that the business members 
represent employers within the local area.  Another option is to 
require that business members be owners or employees of firms.  Such 
options might help to ensure representation of business interests 
within the area.  But such options might restrict membership by 
experienced individuals who move or retire, or are employed by 
business associations.


d.	The Board could recommend to the Governor limits on the length of 
time that members may serve on local councils.


There is no federal limit on the length of time council members may 
serve, nor is this addressed in the Governor's bill.  One option is 
to limit members' service to no more than a set number of years; for 
example-eight, except for members who serve by virtue of office.  A 
limit on service might infuse new blood, yet it might restrict access 
to knowledge and experience.


e.	The Board could recommend to the Governor that the vocational 
rehabilitation representative be from a public agency.


There is no such federal requirement.  The representative of 
vocational rehabilitation could be from a private or non-profit 
vendor.  This could create a conflict of interest situation since the 
council might be making contract decisions affecting the vendor.  In 
such a case, the vocational rehabilitation representative would have 
to exclude themselves from voting, and vocational rehabilitation 
would be without representation in the vote.


V.	Phase in State Membership Criteria Over Time


State membership criteria may be phased in over time.  This may make 
particular sense if existing PICs are grandfathered in.  One option is 
to allow the current PIC to be certified as the local workforce 
development council but require local elected officials to make new 
appointments or reappointment by no later than January 1, 2000, that 
meet the new state criteria.  The date of January 1, 2000, would ensure 
that the new membership was in place prior to final local council 
decisions on the initial local unified plan submitted to the state.




Additionally, the Governor proposed legislation to make changes in
state's workforce development system. Two executive request bills are
moving through the Legislature - ESSB 5533 and HB 1632. On March 11,
ESSB 5533 passed the Senate by a vote of 38-8. It will be sent to the
House for further consideration. The House bill has been superceded
by SHB 2256,which is in the House Appropriations Committee for
further consideration. 


                   _______________________________________________


                        ENGROSSED SUBSTITUTE SENATE BILL 5533
                   _______________________________________________


State of Washington               56th Legislature             1999 Regular Session


By Senate Committee on Labor & Workforce Development (originally
sponsored by Senators Fairley, Kline, Franklin, Oke and Kohl-Welles; by
request of Governor Locke)


Read first time 02/18/1999.
     AN ACT Relating to developing a system of lifelong learning;
amending RCW 28C.18.010, 28C.18.020, 28C.18.030, 28C.18.040,
28C.18.050, 28C.18.060, 74.08A.280, 74.08A.410, 43.330.080, 50.38.050,
50.67.010, 42.17.310, and 43.20A.080; reenacting and amending RCW
50.13.060; adding a new section to chapter 28C.18 RCW; adding a new
chapter to Title 50 RCW; creating new sections; repealing RCW
28C.18.070, 28C.18.080, 28C.18.090, 28C.18.100, 28C.18.110, 50.67.020,
and 50.67.030; prescribing penalties; providing an expiration date; and
declaring an emergency.


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:


     {+ NEW SECTION. +}  Sec. 1.  The legislature finds that Washington
employers are having difficulty finding qualified applicants for jobs,
particularly those requiring specialized skills.  Many businesses are
being forced to curtail expansion in Washington state. 
     The legislature finds that business surveys indicate that the
availability of a skilled work force is the most important factor in
business location decisions, particularly for high wage employers.  Our
state's rural development strategy requires a work force focus.  Now
more than ever, we need to have an explicit work force development
strategy linked with our state economic development efforts.
     The legislature also finds that the consequences for failing to
upgrade the skills of our workers are enormous.  Family incomes are
increasingly linked with skills and training and those who cannot
access training and education will continue to see declines in their
income.
     The legislature further finds that in order to succeed we must have
a system of lifelong learning that allows workers to upgrade their
skills while continuing to work.  To achieve that goal we must have a
work force development system that is linked directly to jobs, is
easily accessible to working families, and can be accessed according to
their own schedules.  Perhaps more importantly, training and education
must be skills-based and certified so that workers can attain certified
skills that allow them to move up the job ladder over their lifetime.
     The legislature recognizes that programs that prepare individuals
for the work force, beginning with secondary vocational education in
school and continuing through postsecondary education, apprenticeships,
and programs for the disadvantaged, persons with disabilities, and for
dislocated workers, must be a coordinated system that enables
individuals to obtain skills demanded by employers, and enables
individuals to smoothly move back and forth between work force
development programs and employment.
     To support that challenge a work force development system must
focus on customer service and performance accountability.  The
following principles shall govern the work force development system:
     (1) Provide consumers and policymakers ready access to information
in order to make informed decisions related to training and employment;
     (2) Create a work force development system based on a coherent
economic development strategy;
     (3) Hold the work force delivery system accountable for improved
results in employment, earnings, skills gains, and customer
satisfaction;
     (4) Provide universal access to persons with disabilities,
students, job seekers, and employers in order to hasten the time
between job openings and jobs filled;
     (5) Develop a strong leadership role for the private sector at the
state and local levels;
     (6) Establish and maintain state and local flexibility to ensure
responsiveness to individuals and communities;
     (7) Engage in a systematic effort to integrate the multiple
programs and services that comprise the work force development system,
including activities implemented through the state-wide one stop
delivery system; and
     (8) Strengthen the capacity of local communities to strategically
guide work force development in their area and to shape local work
force development policies.


     Sec. 2.  RCW 28C.18.010 and 1996 c 99 s 2 are each amended to read
as follows:
     Unless the context clearly requires otherwise, the definitions in
this section apply throughout this title.
     (1) "Board" means the work force (({- training and education
coordinating -})) {+ development +} board.
     (2) "Director" means the director of the work force (({- training
and education coordinating -})) {+ development +} board.
     (3) (({- "Training system" means programs and courses of secondary
vocational education, technical college programs and courses, community
college vocational programs and courses, private career school and
college programs and courses, employer-sponsored training, adult basic
education programs and courses, programs and courses funded by the job
training partnership act, programs and courses funded by the federal
vocational act, programs and courses funded under the federal adult
education act, publicly funded programs and courses for adult literacy
education, and apprenticeships, and programs and courses offered by
private and public nonprofit organizations that are representative of
communities or significant segments of communities and provide job
training or adult literacy services. -})) {+ "Operating agencies" means
those state agencies represented on the work force development board
and any others responsible for the governance and management of state
and federal work force development programs. +}
     (4) {+ "Work force development system" means public and private
programs that use state or federal funds to prepare workers for
employment, upgrade worker skills, retrain workers, or provide
employment or retention services for workers or employers.  "Work force
development system" includes, but is not limited to, secondary
vocational education, community and technical college vocational
education, private career school and college vocational programs,
employer-sponsored training, work-related adult basic education and
literacy programs, training and work-related activities of the state
temporary assistance for needy families program, or successor program,
programs funded by Title 1B of the federal work force investment act,
activities funded under the federal Wagner-Peyser act, programs funded
by the federal vocational education act, work-related programs funded
under the adult education and family literacy act, publicly funded
programs for work-related adult literacy, education, and
apprenticeships, the one-stop system, the state job skills program,
timber retraining benefits, the work-related components of the state
vocational rehabilitation program and the department of services for
the blind, and programs offered by private and public nonprofit
organizations that are representative of communities or significant
segments of communities and provide job training or work-related adult
literacy services.
     (5) +} "Work force skills" means skills developed through applied
learning that strengthen and reinforce an individual's academic
knowledge, critical thinking, problem solving, and work ethic and,
thereby, develop the employability, occupational skills, and management
of home and work responsibilities necessary for economic independence.
     (({- (5) -})) {+ (6) +} "Vocational education" means organized
educational programs offering a sequence of courses which are directly
related to the preparation or retraining of individuals in paid or
unpaid employment in current or emerging occupations requiring other
than a baccalaureate or advanced degree.  (({- Such -})) {+ These
vocational education +} programs shall include competency-based applied
learning which contributes to an individual's academic knowledge,
higher-order reasoning, and problem-solving skills, work attitudes,
general employability skills, and the occupational-specific skills
necessary for economic independence as a productive and contributing
member of society.  Such term also includes applied technology
education.
     (({- (6) -})) {+ (7) +} "Adult basic education" means (({-
instruction designed to achieve mastery of skills in reading, writing,
oral communication, and computation at a level sufficient to allow the
individual to function effectively as a parent, worker, and citizen in
the United States, commensurate with that individual's actual ability
level, and includes English as a second language and preparation and
testing service for the general education development exam -})) {+ (a)
adult education and literacy services, including work force literacy
services; (b) family literacy services; and (c) English literacy
services as defined in P.L. 105-220, Title II, that enable eligible
adults to speak, read, and write in the English language, compute,
solve problems, and relate effectively with others in order to exercise
the rights and responsibilities of a family member, worker, and
community member.
     (8) "Local work force development councils" means the same as
defined in P.L. 105-220, Sec. 117 and are responsible for performing
the duties of that section as well as developing and ensuring the
implementation of a local area unified plan for state purposes as
defined in this chapter +}.


     Sec. 3.  RCW 28C.18.020 and 1991 c 238 s 3 are each amended to read
as follows:
     (1) There is hereby created the work force (({- training and
education coordinating -})) {+ development +} board as a state agency
(({- and as the successor agency to the state board for vocational
education.  Once the coordinating board has convened, all references to
the state board for vocational education in the Revised Code of
Washington shall be construed to mean the work force training and
education coordinating board, except that reference to the state board
for vocational education in RCW 49.04.030 shall mean the state board
for community and technical colleges -})).
     (2)(a) The board shall consist of (({- nine -})) {+ eighteen +}
voting members appointed by the governor with the consent of the
senate, as follows:  (({- Three -})) {+ Five +} representatives of
business, (({- three -})) {+ five +} representatives of labor, {+ a
representative of private career schools, a representative of
community-based organizations, a representative of local elected
officials, +} and, serving as ex officio members, the superintendent of
public instruction, the executive director of the state board for
community and technical colleges, (({- and -})) the commissioner of the
employment security department{+ , the secretary of the department of 
social and health services, and the director of the department of
community, trade, and economic development +}.  (({- The chair of the

board shall be a nonvoting member selected by the governor with the
consent of the senate, and shall serve at the pleasure of the governor. 
In selecting the chair, the governor shall seek a person who
understands the future economic needs of the state and nation and the
role that the state's training system has in meeting those needs. -})) 
Each (({- voting -})) member of the board may appoint a designee to
function in his or her place with the right to vote.  {+
Representatives of business and labor must constitute a majority of
those casting votes on any given vote. +}  In (({- making appointments
to -})) {+ recruiting members for +} the board, the governor shall seek
to ensure geographic, ethnic, and gender diversity and balance.  The
governor shall also seek to ensure diversity and balance by (({- the
appointment of -})) {+ recruiting +} persons with disabilities.
     (b) The business representatives shall be selected from among
nominations provided by (({- a -})) state-wide business organization{+
s +} representing a cross-section of industries {+ and small businesses
+}.  {+ One of the business representatives will serve as the chair of
the board on a rotating basis with one of the labor representatives. +} 
However, the governor may request, and the organization shall provide,
an additional list or lists from which the governor shall select the
business representatives.  (({- The nominations and selections -})) {+
Recruitment +} shall reflect the cultural diversity of the state,

including women, people with disabilities, and racial and ethnic
minorities, and diversity in sizes of businesses.
     (c) The labor representatives shall be selected from among
nominations provided by state-wide labor organizations.  {+ One of the
labor representatives will serve as the chair of the board on a
rotating basis with one of the business representatives. +}  However,
the governor may request, and the organizations shall provide, an
additional list or lists from which the governor shall select the labor
representatives.  (({- The nominations and selections -})) {+
Recruitment +} shall reflect the cultural diversity of the state,
including women, people with disabilities, and racial and ethnic
minorities.
     (d) Each business member may cast a proxy vote or votes for any
business member who is not present and who authorizes in writing the
present member to cast such vote.
     (e) Each labor member may cast a proxy vote for any labor member
who is not present and who authorizes in writing the present member to
cast such vote.
     (f) (({- The chair shall appoint to the board one nonvoting member
to represent racial and ethnic minorities, women, and people with
disabilities.  The nonvoting member appointed by the chair shall serve
for a term of four years with the term expiring on June 30th of the
fourth year of the term.
     (g) -})) The business members of the board shall serve for terms of
four years, the terms expiring on June 30th of the fourth year of the
term except that in the case of initial members, one shall be appointed
to a two-year term and one appointed to a three-year term.
     (({- (h) -})) {+ (g) +} The labor members of the board shall serve
for terms of four years, the terms expiring on June 30th of the fourth
year of the term except that in the case of initial members, one shall
be appointed to a two-year term and one appointed to a three-year term.
     {+ (h) The private career school representative shall be selected
from among nominations provided by a state-wide organization
representing a cross-section of private career schools. The private
career school, community-based organization, and local elected
officials representatives shall serve for terms of four years, the
terms expiring on June 30th of the fourth year of the term except that
in the case of initial members, one shall be appointed to a two-year
term and one appointed to a three-year term. +}
     (i) Any vacancies among board members representing business (({- or
-})){+ , +} labor{+ , or private career schools +} shall be filled by
the governor with nominations provided by state-wide organizations
representing business (({- or -})){+ , +} labor, {+ or private career
schools, +} respectively.
     (j) The board shall adopt bylaws and shall meet at least bimonthly
and at such other times as determined by the chair who shall give
reasonable prior notice to the members or at the request of a majority
of the (({- voting -})) members.
     (k) Members of the board shall be compensated in accordance with
RCW 43.03.040 and shall receive travel expenses in accordance with RCW
43.03.050 and 43.03.060.
     (l) (({- The board shall be formed and ready to assume its
responsibilities under this chapter by October 1, 1991.
     (m) -})) The director of the board shall be appointed by the
governor (({- from a list of three names submitted by a committee made
up of the business and labor members of the board.  However, the
governor may request, and the committee shall provide, an additional
list or lists from which the governor shall select the director.  The
lists compiled by the committee shall not be subject to public
disclosure.  The governor may dismiss the director only with the
approval of a majority vote of the board.  The board, by a majority
vote, may dismiss the director with the approval -})){+ , shall serve
at the pleasure +} of the governor{+ , and shall be confirmed by the
senate +}.
     (({- (3) The state board for vocational education is hereby
abolished and its powers, duties, and functions are hereby transferred
to the work force training and education coordinating board.  All
references to the director or the state board for vocational education
in the Revised Code of Washington shall be construed to mean the
director or the work force training and education coordinating board. -
}))


     Sec. 4.  RCW 28C.18.030 and 1996 c 99 s 3 are each amended to read
as follows:
     The purpose of the board is to (({- provide planning, coordination,
evaluation, monitoring, and policy analysis for the state training
system as a whole, and advice to the governor and legislature
concerning the state training system, in cooperation with the state
training system and the higher education coordinating board -})) {+
develop policies that create an integrated state work force development
system that links people to jobs, allows them access to training and
education, and provides an opportunity to move up the job ladder over
their lifetime.  The board shall plan, promote cooperation, measure
performance, evaluate, and provide policy analysis for the state work
force development system as a whole, and advise the governor and the
legislature concerning the state's work force development system in
cooperation with the operating agencies of the work force development
system +}.


     Sec. 5.  RCW 28C.18.040 and 1994 c 154 s 307 are each amended to
read as follows:
     (1) The director shall serve as chief executive officer of the
board who shall administer the provisions of this chapter, employ such
personnel as may be necessary to implement the purposes of this
chapter, and utilize staff of existing operating agencies to the
fullest extent possible.
     (2) (({- The director shall not be the chair of the board.
     (3) -})) Subject to the approval of the board, the director shall
appoint necessary deputy and assistant directors and other staff who
shall be exempt from the provisions of chapter 41.06 RCW.  The
director's appointees shall serve at the director's pleasure on such
terms and conditions as the director determines but subject to chapter
42.52 RCW.
     (({- (4) -})) {+ (3) +} The director shall appoint and employ such
other employees as may be required for the proper discharge of the
functions of the board.
     (({- (5) The director shall, as permissible under P.L. 101-392, as
amended, integrate the staff of the council on vocational education,
and contract with the state board for community and technical colleges
for assistance for adult basic skills and literacy policy development
and planning as required by P.L. 100-297, as amended. -}))


     Sec. 6.  RCW 28C.18.050 and 1995 c 130 s 3 are each amended to read
as follows:
     (1) {+ The board shall be designated as the state work force
investment board described in P.L. 105-220, the work force investment
act of 1998, and shall perform such functions as necessary to comply
with federal directives pertaining to this law.  In order to comply
with the regulations of P.L. 105-220, the governor may designate the
board membership structure of the work force training and education
coordinating board as it existed as of December 31, 1997, as the work
force investment board specifically to carry out the provisions of 
P.L. 105-220.
     (2) +} The board shall be designated as the state board of
vocational education as provided for in P.L. (({- 98-524 -})) {+ 105-
332 +}, as amended, and shall perform such functions as is necessary to
comply with federal directives pertaining to the provisions of such
law.  {+ The board shall establish a subcommittee consisting of the
superintendent of public instruction, the executive director of the
state board for community and technical colleges, one business
representative, and one labor representative to study and make
recommendations to the board on the use of funds provided under P.L.
105-332. +}
     (({- (2) -})) {+ (3) +} The board shall perform the functions of
the human resource investment council as provided for in the federal
job training partnership act, P.L. 97-300, as amended.
     (({- (3) -})) {+ (4) +} The board shall provide policy advice for
any federal act pertaining to work force development that is not
required by state or federal law to be provided by another state body.
     (({- (4) -})) {+ (5) +} Upon enactment of new federal initiatives
relating to work force development, the board shall advise the governor
and the legislature on mechanisms for integrating the federal
initiatives into the state's work force development system and make
recommendations on the legislative or administrative measures necessary
to streamline and coordinate state efforts to meet federal guidelines.
     (({- (5) -})) {+ (6) +} The board shall (({- monitor -})) {+ review
+} for consistency with the state (({- comprehensive plan for work
force training and education the policies and plans established by the
state job training coordinating council -})) {+ unified plan +}, the {+
policies and plans established by the +} advisory council on adult
education, and the Washington state plan for adult {+ literacy and +}
basic (({- education -})) {+ skills +}, and provide guidance for making
such policies and plans consistent with the state (({- comprehensive -
})) {+ unified +} plan for work force (({- training and education -}))
{+ development system +}.
     {+ (7) The board shall perform the functions of the job training
coordinating council until July 1, 2000.
     (8) Recommend to the governor the performance accountability system
required by P.L. 105-220 or successor legislation.
     (9) For the purposes of P.L. 105-332, the superintendent of public
instruction shall have operating responsibility for secondary education
and the state board for community and technical colleges shall have
operating responsibility for postsecondary vocational and technical
education.
     (10) The board shall include the director of the department of
services for the blind to the extent required by P.L. 105-220. +}


     Sec. 7.  RCW 28C.18.060 and 1996 c 99 s 4 are each amended to read
as follows:
     The board, in cooperation with the operating agencies of the state
training system and private career schools and colleges shall:
     (1) (({- Concentrate its major efforts on planning, coordination
evaluation, policy analysis, and recommending improvements to the
state's training system.
     (2) Advocate for the state training system and for meeting the
needs of employers and the work force for work force education and
training.
     (3) Establish and maintain an inventory of the programs of the
state training system, and related state programs, and perform a
biennial assessment of the vocational education, training, and adult
basic education and literacy needs of the state; identify ongoing and
strategic education needs; and assess the extent to which employment,
training, vocational and basic education, rehabilitation services, and
public assistance services represent a consistent, integrated approach
to meet such needs.
     (4) Develop and maintain a state comprehensive plan for work force
training and education, including but not limited to, goals,
objectives, and priorities for the state training system, and review
the state training system for consistency with the state comprehensive
plan.  In developing the state comprehensive plan for work force
training and education, the board shall use, but shall not be limited
to:  Economic, labor market, and populations trends reports in office
of financial management forecasts; joint office of financial management
and employment security department labor force, industry employment,
and occupational forecasts; the results of scientifically based
outcome, net-impact and cost-benefit evaluations; the needs of
employers as evidenced in formal employer surveys and other employer
input; and the needs of program participants and workers as evidenced
in formal surveys and other input from program participants and the
labor community.
     (5) In consultation with the higher education coordinating board,
review and make recommendations to the office of financial management
and the legislature on operating and capital facilities budget requests
for operating agencies of the state training system for purposes of
consistency with the state comprehensive plan for work force training
and education.
     (6) Provide for coordination among the different operating agencies
and components of the state training system at the state level and at
the regional level.
     (7) Develop a consistent and reliable data base on vocational
education enrollments, costs, program activities, and job placements
from publicly funded vocational education programs in this state.
     (8) Establish standards for data collection and maintenance for the
operating agencies of the state training system in a format that is
accessible to use by the board.  The board shall require a minimum of
common core data to be collected by each operating agency of the state
training system.

     The board shall develop requirements for minimum common core data
in consultation with the office of financial management and the
operating agencies of the training system.
     (9) Establish minimum standards for program evaluation for the
operating agencies of the state training system, including, but not
limited to, the use of common survey instruments and procedures for
measuring perceptions of program participants and employers of program
participants, and monitor such program evaluation.

     (10) Every two years administer scientifically based outcome
evaluations of the state training system, including, but not limited
to, surveys of program participants, surveys of employers of program
participants, and matches with employment security department payroll
and wage files.  Every five years administer scientifically based net-
impact and cost-benefit evaluations of the state training system.
     (11) In cooperation with the employment security department,
provide for the improvement and maintenance of quality and utility in
occupational information and forecasts for use in training system
planning and evaluation.  Improvements shall include, but not be
limited to, development of state-based occupational change factors
involving input by employers and employees, and delineation of skill
and training requirements by education level associated with current
and forecasted occupations.
     (12) Provide for the development of common course description
formats, common reporting requirements, and common definitions for
operating agencies of the training system.
     (13) Provide for effectiveness and efficiency reviews of the state
training system.
     (14) In cooperation with the higher education coordinating board,
facilitate transfer of credit policies and agreements between
institutions of the state training system, and encourage articulation
agreements for programs encompassing two years of secondary work force
education and two years of postsecondary work force education.
     (15) In cooperation with the higher education coordinating board,
facilitate transfer of credit policies and agreements between private
training institutions and institutions of the state training system.
     (16) Participate in the development of coordination criteria for
activities under the job training partnership act with related programs
and services provided by state and local education and training
agencies.
     (17) Make recommendations to the commission of student assessment,
the state board of education, and the superintendent of public
instruction, concerning basic skill competencies and essential core
competencies for K-12 education.  Basic skills for this purpose shall
be reading, writing, computation, speaking, and critical thinking,
essential core competencies for this purpose shall be English, math,
science/technology, history, geography, and critical thinking.  The
board shall monitor the development of and provide advice concerning
secondary curriculum which integrates vocational and academic
education.
     (18) Establish and administer programs for marketing and outreach
to businesses and potential program participants.
     (19) Facilitate the location of support services, including but not
limited to, child care, financial aid, career counseling, and job
placement services, for students and trainees at institutions in the
state training system, and advocate for support services for trainees
and students in the state training system.
     (20) Facilitate private sector assistance for the state training
system, including but not limited to:  Financial assistance, rotation
of private and public personnel, and vocational counseling.
     (21) Facilitate programs for school-to-work transition that combine
classroom education and on-the-job training in industries and
occupations without a significant number of apprenticeship programs.
     (22) Encourage and assess progress for the equitable representation
of racial and ethnic minorities, women, and people with disabilities
among the students, teachers, and administrators of the state training
system.  Equitable, for this purpose, shall mean substantially
proportional to their percentage of the state population in the
geographic area served.  This function of the board shall in no way
lessen more stringent state or federal requirements for representation
of racial and ethnic minorities, women, and people with disabilities.
     (23) Participate in the planning and policy development of governor
set-aside grants under P.L. 97-300, as amended.
     (24) Administer veterans' programs, licensure of private vocational
schools, the job skills program, and the Washington award for
vocational excellence.
     (25) Allocate funding from the state job training trust fund.
     (26) Work with the director of community, trade, and economic
development to ensure coordination between work force training
priorities and that department's economic development efforts.
     (27) Adopt rules as necessary to implement this chapter.
     The board may delegate to the director any of the functions of this
section. -})) {+ Advocate for the state work force development system
and for meeting the needs of employers and the work force for the work
force development system.
     (2) Establish and maintain an inventory of the programs of the
state work force development system and ensure that information is
provided to consumers and policymakers at the state and local level in
order to enable them to make informed choices.
     (3) Assess employer and worker needs for work force training and
the gap between their needs and the public and private supply of work
force training.  The assessments of employer and worker needs shall
include state-wide surveys of employers and workers.  The survey sample
must be statistically representative of the state's employer and
employee population.
     (4) Analyze the future employment needs of employers and develop
strategies to ensure that Washington residents are prepared to meet
those needs.  The board shall work with industry, labor, and business
associations, the operating agencies, and the department of community,
trade, and economic development, and local work force investment
councils, to develop demand driven and targeted industry strategies to
build a world class work force.
     (5) Develop and maintain a state unified plan for the work force
development system.  The unified plan shall include:
     (a) Assessments of the state's employment opportunities and skill
needs, the skills of the current and future work force, and the current
work force development system;
     (b) Goals, objectives, and strategies for improving the work force
development system as a whole.  This shall include goals, objectives,

and strategies for providing system services to low-income individuals
including recipients of temporary assistance for needy families.  It
shall also include wage progression goals for recipients of temporary
assistance for needy families developed in conjunction with the
department of social and health services as required by RCW 74.08A.410;
and
     (c) A description of the performance measurement system for work
force development.
     (6) Work in collaboration with local work force development
councils to develop the state unified plan.  Local work force
development councils shall provide input to the board in the
development of the state unified plan which articulate their local
strategy and needs.
     (7) Work in partnership with the work related components of the
community service employment under Title V of the older Americans act;
training activities carried out through contracts with the United
States department of housing and urban development; and community
services block grants authorized under the national community service
act, to integrate these programs into the unified planning.  The
governor may approve inclusion of these programs into the work force
development system.
     (8) Review and make recommendations to the governor and the
legislature concerning the program plans of the operating agencies of
the state work force development system regarding consistency with the
unified plan.
     (9) Recommend to the governor and the legislature strategies to
assure coordination and avoid duplication among the programs of the
work force development system.
     (10) Design and implement a performance measurement system for work
force development in cooperation with the operating agencies,
including:
     (a) Minimum standards for performance measurement for the state
work force development system including, but not limited to, the use of
common survey instruments and common performance indicators;
     (b) Standards for data collection and maintenance for the operating
agencies of the state work force development system.  The board shall
require a minimum of common core data to be collected by each operating
agency of the state work force development system;
     (c) Evaluations of the state work force development system
including, but not limited to, outcome, net impact, and cost benefit
evaluations and surveys of program participants, surveys of employers
of program participants, and matches with employment security
department payroll and wage files;
     (d) Standards for measuring the performance of local training
providers to enable consumers to make informed choices and gain access
to services they need;
     (e) Recommendations to the governor and the legislature regarding
expected performance levels and incentives and sanctions for
performance outcomes for local work force development areas and state
work force development programs.  The board shall assist the governor
in making decisions regarding the certification and decertification of
local work force development councils;
     (f) The establishment of an incentive fund for work force
development, using federal funding for work force development programs,
and allocating dollars from the incentive fund to reward local work
force development councils and programs that produce exemplary results. 
The operating agencies shall:
     (i) Reward exceptional programs;
     (ii) Take corrective actions when programs fail to meet minimum
performance standards established by the board under this section; and
     (iii) Report to the board annually beginning December 31, 2001, on
corrective action taken and rewards granted.
     Beginning July 1, 2002, the board shall report to the governor and
the legislature on operating agencies' actions to reward exceptional
programs and to correct and improve programs that fail to meet
performance standards established by the board;
     (g) Information, provided to the governor and the legislature, on
the outcomes of work force development programs.  Such information
shall include the following information on individuals who have
participated in the programs:  Participant competencies, employment,
wages and earnings, receipt of public assistance, customer
satisfaction, and the public cost per benefit received; and
     (h) When designing and implementing the performance measurement
system under this subsection, the unique circumstances of the K-12
system shall be taken into consideration.
     (11)  Review the plans of local work force development councils for
consistency with the state unified plan and recommend to the governor
whether local plans should be approved.  The board shall provide
technical assistance to local work force development councils as
necessary.  This shall include working with state operating agencies to
identify resources which can be made available to assist in the
development of the local unified plans.
     (12) Work with local work force development councils and state
operating agencies to implement a one stop delivery system that is
seamless and consumer-based.
     (13) For the purposes of enabling individuals to make smooth
transitions into the work force and back and forth between work force
development programs and employment, make recommendations regarding
generic workplace skills that individuals need in order to meet
employer expectations.  The work force development board shall, in
cooperation with the operating agencies, identify assessments of
generic workplace skills and a certificate of workplace competency for
individuals who have mastered such skills.  Operating agencies, with
programs that prepare people for entry-level employment, shall offer
training leading to the receipt of the certificate.  The certificate
shall be recognized by operating agencies and among work force
development programs to avoid redundancy in training.
     (14) Administer veterans' programs, licensure of private vocational
schools, and the Washington award for vocational excellence.
     (15) Work with the director of community, trade, and economic
development to ensure coordination between work force training
priorities and that department's economic development efforts.
     (16) Work in collaboration with local work force development
councils, small business organizations, and economic development
councils to create a coordinated and responsive system of outreach to
small business.
     (17) Consult with programs, and the customers of programs in the
work force development system, in performing the board's duties.
     (18) Complete the initial unified plan, program inventory, needs
assessments, outcome evaluations, recommendations on strategies to
assure coordination and avoid duplication, and the design of the
performance measurement system by July 1, 2000.  The board shall update
the unified plan at least once every five years with more frequent
updates as necessary to respond to changes in employer and worker
needs, program performance, state and federal policy, and other changes
affecting the work force development system.
     (19) Adopt rules as necessary to implement this chapter.
     The board may delegate to the director any of the functions of this
section. +}


     Sec. 8.  RCW 74.08A.280 and 1997 c 58 s 315 are each amended to
read as follows:
     (1) The legislature finds that moving those eligible for assistance
to self-sustaining employment is a goal of the WorkFirst program.  It
is the intent of WorkFirst to aid a participant's progress to self-
sufficiency by allowing flexibility within the state-wide program to
reflect community resources, the local characteristics of the labor
market, and the composition of the caseload.  Program success will be
enhanced through effective coordination at regional and local levels,
involving employers, labor representatives, educators, community
leaders, local governments, and social service providers.
     (2) The department, through its regional offices, shall collaborate
with employers, recipients, frontline workers, educational
institutions, labor, (({- private industry councils -})) {+ local work
force development councils +}, the work force (({- training and
education coordinating -})) {+ development +} board, community
rehabilitation employment programs, employment and training agencies,
local governments, the employment security department, and community
action agencies to develop work programs that are effective and work in
their communities.  {+ This collaboration by the department shall
include placement of WorkFirst recipients in training and skill
development programs leading to the portable certificate of workplace
competency as identified by the work force development board. +}  For
planning purposes, the department shall collect and make accessible to
regional offices successful work program models from around the United
States, including the employment partnership program, apprenticeship
programs, microcredit, microenterprise, self-employment, and W-2
Wisconsin works.  Work programs shall incorporate local volunteer
citizens in their planning and implementation phases to ensure
community relevance and success.
     (3) To reduce administrative costs and to ensure equal state-wide
access to services, the department may develop contracts for state-wide
welfare-to-work services.  These state-wide contracts shall support
regional flexibility and ensure that resources follow local labor
market opportunities and recipients' needs.
     (4) The secretary shall establish WorkFirst service areas for
purposes of planning WorkFirst programs and for distributing WorkFirst
resources.  Service areas shall reflect department regions.
     (5) By July 31st of each odd-numbered year, a plan for the
WorkFirst program shall be developed for each region.  The plan shall
be prepared in consultation with local and regional sources, adapting
the state-wide WorkFirst program to achieve maximum effect for the
participants and the communities within which they reside.  Local
consultation shall include to the greatest extent possible input from
local and regional planning bodies for social services and work force
development.  The regional and local administrator shall consult with
employers of various sizes, labor representatives, training and
education providers, program participants, economic development
organizations, community organizations, tribes, and local governments
in the preparation of the service area plan.
     (6) The secretary has final authority in plan approval or
modification.  Regional program implementation may deviate from the
state-wide program if specified in a service area plan, as approved by
the secretary.


     Sec. 9.  RCW 74.08A.410 and 1997 c 58 s 702 are each amended to
read as follows:
     (1) The WorkFirst program shall develop outcome measures for use in
evaluating the WorkFirst program authorized in chapter 58, Laws of
1997, which (({- may -})) {+ shall +} include but are not limited to:
     (a) Caseload reduction;
     (b) Recidivism to caseload after two years;

     (c) Job retention;
     (d) Earnings;
     (e) Reduction in average grant through increased recipient
earnings; (({- and -}))
     (f) Placement of recipients into private sector, unsubsidized
jobs{+ ; and
     (g) Wage progression history following former temporary assistance
for needy families participants for at least two years +}.
     (2) {+ The department shall establish, in conjunction with the work
force development board, measurable wage goals for participants
transitioning from WorkFirst to unsubsidized employment.
     (3) +} The department shall require that contractors for WorkFirst
services collect outcome measure information and report outcome
measures to the department regularly.  The department shall develop
benchmarks that compare outcome measure information from all
contractors to provide a clear indication of the most effective
contractors.  Benchmark information shall be published quarterly and
provided to the legislature, the governor, and all contractors for
WorkFirst services.


     {+ NEW SECTION. +}  Sec. 10.  A new section is added to chapter
28C.18 RCW to read as follows:
     There are hereby created local work force development councils to
serve functions including, but not limited to, those specified for
local work force development councils under P.L. 105-220.  The
governor, in partnership with the state board, shall establish criteria
for use by chief elected officials in the local areas for appointment
of members of the local councils.  Local work force development
councils shall:
     (1) In partnership with local elected officials, develop and
maintain a local unified plan for the work force development system
including but not limited to the local plan required by P.L. 105-220
Title I.  The unified plan shall include assessments of local
employment opportunities and skills needs, the current and future work
force, and the current work force development system; and include
goals, objectives, and strategies for the local work force development
system.  The unified plan shall also:
     (a) Identify the work force development moneys available in the
area, their allocations, and the results of the work force development
programs in the area;
     (b) Assess the gap between the supply of resources and the skill
needs of the area; and
     (c) Include the local work force development council's proposed
spending plan for carrying out the local unified plan, and include the
planned budget expenditures of work force development programs in the
area.  Local program administrators shall use the local unified plan to
guide the development and implementation of their local program plan.
     Local work force development councils shall submit their unified
plans to the governor for approval and the plan should be consistent
with the state unified plan.
     (2) Conduct oversight over the local one stop system under P.L.
105-220 Title 1(b).
     (3) Coordinate work force development activities at the local level
and ensure a linkage with local economic development strategies.
     (4) Provide for a coordinated and responsive system of outreach to
employers to include the establishment of public and private
partnerships of local brokers to connect small businesses to work force
training programs and resources.  Brokers may include, but not be
limited to, industry and trade associations, chambers of commerce,
central labor councils, other labor organizations, and other
organizations with strong linkages to employers.  Broker services may
include communicating small business needs to training providers,
pooling the specific training needs of several small employers to
create cost-effective demand, and supporting the growth of
apprenticeship programs.
     (5) Identify eligible providers of training services.
     (6) Assess the planning process to identify quality improvements.
     (7) Execute a master partnership agreement with local elected
officials that establishes the working relationships and specifies
responsibilities of each body in the partnership.


     Sec. 11.  RCW 43.330.080 and 1997 c 60 s 1 are each amended to read
as follows:
     (1) The department shall contract with associate development
organizations or other local organizations to increase the support for
and coordination of community and economic development services in
communities or regional areas.  The organizations contracted with in
each community or regional area shall be broadly representative of
community and economic interests.  The organization shall be capable of
identifying key economic and community development problems, developing
appropriate solutions, and mobilizing broad support for recommended
initiatives.  The contracting organization shall work with and include
local governments, local chambers of commerce, (({- private industry -
})) {+ local work force development +} councils, port districts, labor
groups, institutions of higher education, community action programs,
and other appropriate private, public, or nonprofit community and
economic development groups.  The department shall be responsible for
determining the scope of services delivered under these contracts.
     (2) Associate development organizations or other local development
organizations contracted with shall promote and coordinate, through
local service agreements with local governments, small business
development centers, port districts, community and technical colleges,
private industry councils, and other development organizations, for the
efficient delivery of community and economic development services in
their areas.
     (3) The department shall (({- consult with associate development
organizations, port districts, local governments, and other local
development organizations in the establishment of -})) {+ establish
local +} service delivery regions throughout the state {+ that match
the regions established for local work force development councils +}. 
The legislature encourages local associate development organizations to
form partnerships with other associate development organizations in
their region to combine resources for better access to available
services, to encourage regional delivery of state services, and to
build the local capacity of communities in the region more effectively.
     (4) The department shall contract on a regional basis for surveys
of key sectors of the regional economy and the coordination of
technical assistance to businesses and employees within the key
sectors.  The department's selection of contracting organizations or
consortiums shall be based on the sufficiency of the organization's or
consortium's proposal to examine key sectors of the local economy
within its region adequately and its ability to coordinate the delivery
of services required by businesses within the targeted sectors. 
Organizations contracting with the department shall work closely with
the department to examine the local economy and to develop strategies
to focus on developing key sectors that show potential for long-term
sustainable growth.  The contracting organization shall survey
businesses and employees in targeted sectors on a periodic basis to
gather information on the sector's business needs, expansion plans,
relocation decisions, training needs, potential layoffs, financing
needs, availability of financing, and other appropriate information
about economic trends and specific employer and employee needs in the
region.
     (5) (({- The contracting -})) {+ Any associate development +}
organization {+ or other local organization contracting with the
department under this section +} shall participate with the work force
(({- training and education coordinating -})) {+ development +} board
{+ and local work force development councils, +} as created in chapter
28C.18 RCW, (({- and any regional entities designated by that board, -
})) in providing for the coordination of job skills training within
(({- its region -})) {+ local areas.  Such participation shall include
assistance in the development of a coordinated and responsive system of
outreach to employers and technical assistance to brokers as provided
in section 10 of this act +}.


     Sec. 12.  RCW 50.38.050 and 1993 c 62 s 5 are each amended to read
as follows:
     The department shall have the following duties:
     (1) Oversight and management of a state-wide comprehensive labor
market and occupational supply and demand information system, including
development of a five-year employment forecast for state and labor
market areas;
     (2) Produce local labor market information packages for the state's
counties, including special studies and job impact analyses in support
of state and local employment, training, education, and job creation
programs, especially activities that prevent job loss, reduce
unemployment, and create jobs;
     (3) Coordinate with the office of financial management and the
office of the forecast council to improve employment estimates by
enhancing data on corporate officers, improving business establishment
listings, expanding sample for employment estimates, and developing
business entry/exit analysis relevant to the generation of occupational
and economic forecasts; (({- and -}))
     (4) In cooperation with the office of financial management, produce
long-term industry and occupational employment forecasts.  These
forecasts shall be consistent with the official economic and revenue
forecast council biennial economic and revenue forecasts{+ ; and
     (5) Provide labor market information needed for the state work
force development board to fulfill its duties under RCW 28C.04.060 +}.


     Sec. 13.  RCW 50.67.010 and 1991 c 238 s 14 are each amended to
read as follows:
     (1) (({- There is hereby created the Washington state job training
coordinating council for so long as a state council is required by
federal law or regulation as a condition for receipt of federal funds. 
The council shall perform all duties of state job training coordinating
council as specified in the federal job training partnership act, P.L.
97-300, as amended, including the preparation of a coordination and
special services plan for a two-year period, consistent with the state
comprehensive plan for work force training and education prepared by
the work force training and education coordinating board as provided
for in RCW 28C.18.060.
     (2) The work force training and education coordinating board shall
monitor the need for the council as described in subsection (1) of this
section, and, if that need no longer exists, propose legislation to
terminate the council. -})) {+ The duties of the job training
coordinating council described in section 122 of P.L. 97-300 shall be
performed by the work force development board until July 1, 2000.
     (2) This section expires July 1, 2000. +}


     {+ NEW SECTION. +}  Sec. 14.  The department is responsible to
prepare the following elements for the program plan required by the
work force investment act of 1998 (P.L. 105-220) which include:
     (1) Detailed plans required under section 8 of the Wagner-Peyser
act (29 U.S.C. 49g);
     (2) Assurances that the state will provide, in accordance with
section 184 of the work force investment act, for fiscal control and
fund accounting procedures that are necessary to ensure the proper
disbursement of, and accounting for, funds paid to the state through
the allotments made under sections 127 and 132 of the work force
investment act;
     (3)(a) A description of the methods and factors the state will use
in distributing funds to local areas for youth activities and adult
employment and training activities under sections 128(b)(3)(B) and
133(b)(3)(B) of the work force investment act, including:
     (i) A description of how the individuals and entities represented
on the work force development board were involved in determining such
methods and factors of distribution; and
     (ii) A description of how that state consulted with chief elected
officials in local areas throughout the state in determining such
distribution; and
     (b) Assurances that the funds will be distributed equitably
throughout the state, and that no local areas will suffer significant
shifts in funding from year to year; and
     (c) A description of the formula prescribed by the governor
pursuant to section 133(b)(2)(B) of the work force investment act for
the allocation of funds to local areas for dislocated worker employment
and training activities;
     (4) With respect to the one stop delivery systems described in
section 134(c) of the work force investment act, a description of the
operational strategy of the state for assisting local areas in
development and implementation of fully operational one stop delivery
systems in the state;
     (5) A description of the competitive process to be used by the
state to award grants and contracts in the state for activities carried
out under the work force investment act;
     (6) With respect to the employment and training activities
authorized in section 134 of the work force investment act:
     (a) The employment and training activities that will be carried out
with the funds received by the state through the allotment made under
section 132 of the work force investment act;
     (b) How the state will provide rapid response activities to
dislocated workers from funds reserved under section 133(a)(2) of the
work force investment act for such purposes, including the designation
of an identifiable state rapid response dislocated worker unit to carry
out state-wide rapid response activities; and
     (c) With other state operating agencies, how the state will serve
the employment and training needs of dislocated workers, including
displaced homemakers; low-income individuals, including recipients of
public assistance; individuals training for nontraditional employment;
and other individuals with multiple barriers to employment, including
older individuals and individuals with disabilities;
     (7) With respect to youth activities authorized in section 129 of
the work force investment act, information:
     (a) Describing the state strategy for providing comprehensive
services to eligible youth, particularly those eligible youth who are
recognized as having significant barriers to employment;
     (b) Describing how that state will coordinate the youth activities
carried out in the state under section 129 of the work force investment
act with the services provided by job corps centers in the state, where
such centers exist; and
     (c) Describing how the state will coordinate youth activities
described in subparagraph (C) of the work force investment act with
activities carried out through the youth opportunity grants under
section 169 of the work force investment act; and
     (8) With respect to all program activities of the department, a
description of how department resources are allocated to support the
implementation of unified planning by the work force development board
and the implementation of local unified plans.


     {+ NEW SECTION. +}  Sec. 15.  The department shall receive federal
funds authorized under the work force investment act of 1998 (P.L. 105-
220) Title 1B and recommend to the governor the allocation of the funds
to support this chapter, chapter 28C.18 RCW, and the work force
investment act.


     Sec. 16.  RCW 50.13.060 and 1997 c 409 s 605 and 1997 c 58 s 1004
are each reenacted and amended to read as follows:
     (1) Governmental agencies, including law enforcement agencies,
prosecuting agencies, and the executive branch, whether state, local,
or federal shall have access to information or records deemed private
and confidential under this chapter if the information or records are
needed by the agency for official purposes and:
     (a) The agency submits an application in writing to the employment
security department for the records or information containing a
statement of the official purposes for which the information or records
are needed and specific identification of the records or information
sought from the department; and
     (b) The director, commissioner, chief executive, or other official
of the agency has verified the need for the specific information in
writing either on the application or on a separate document; and
     (c) The agency requesting access has served a copy of the
application for records or information on the individual or employing
unit whose records or information are sought and has provided the
department with proof of service.  Service shall be made in a manner
which conforms to the civil rules for superior court.  The requesting


agency shall include with the copy of the application a statement to
the effect that the individual or employing unit may contact the public
records officer of the employment security department to state any
objections to the release of the records or information.  The
employment security department shall not act upon the application of
the requesting agency until at least five days after service on the
concerned individual or employing unit.  The employment security
department shall consider any objections raised by the concerned
individual or employing unit in deciding whether the requesting agency
needs the information or records for official purposes.
     (2) The requirements of subsections (1) and (9) of this section
shall not apply to the state legislative branch.  The state legislature
shall have access to information or records deemed private and
confidential under this chapter, if the legislature or a legislative
committee finds that the information or records are necessary and for
official purposes.  If the employment security department does not make
information or records available as provided in this subsection, the
legislature may exercise its authority granted by chapter 44.16 RCW.
     (3) In cases of emergency the governmental agency requesting access
shall not be required to formally comply with the provisions of
subsection (1) of this section at the time of the request if the
procedures required by subsection (1) of this section are complied with
by the requesting agency following the receipt of any records or
information deemed private and confidential under this chapter.  An
emergency is defined as a situation in which irreparable harm or damage
could occur if records or information are not released immediately.
     (4) The requirements of subsection (1)(c) of this section shall not
apply to governmental agencies where the procedures would frustrate the
investigation of possible violations of criminal laws or to the release
of employing unit names, addresses, number of employees, and aggregate
employer wage data for the purpose of state governmental agencies
preparing small business economic impact statements under chapter 19.85
RCW or preparing cost-benefit analyses under RCW 34.05.328(1)(c). 
Information provided by the department and held to be private and
confidential under state or federal laws must not be misused or
released to unauthorized parties.  A person who misuses such
information or releases such information to unauthorized parties is
subject to the sanctions in RCW 50.13.080.
     (5) Governmental agencies shall have access to certain records or
information, limited to such items as names, addresses, social security
numbers, and general information about benefit entitlement or employer
information possessed by the department, for comparison purposes with
records or information possessed by the requesting agency to detect
improper or fraudulent claims, or to determine potential tax liability
or employer compliance with registration and licensing requirements. 
In those cases the governmental agency shall not be required to comply
with subsection (1)(c) of this section, but the requirements of the
remainder of subsection (1) {+ of this section +} must be satisfied.
     (6) Governmental agencies may have access to certain records and
information, limited to employer information possessed by the
department for purposes authorized in chapter 50.38 RCW.  Access to
these records and information is limited to only those individuals
conducting authorized statistical analysis, research, and evaluation
studies.  Only in cases consistent with the purposes of chapter 50.38
RCW are government agencies not required to comply with subsection
(1)(c) of this section, but the requirements of the remainder of
subsection (1) of this section must be satisfied.  Information provided
by the department and held to be private and confidential under state
or federal laws shall not be misused or released to unauthorized
parties subject to the sanctions in RCW 50.13.080.
     (7) Disclosure to governmental agencies of information or records
obtained by the employment security department from the federal
government shall be governed by any applicable federal law or any
agreement between the federal government and the employment security
department where so required by federal law.  When federal law does not
apply to the records or information state law shall control.
     (8) {+ The department may provide information f +}or purposes of
statistical analysis and evaluation of the WorkFirst program or any
successor state welfare program, the department of social and health
services, the office of financial management, and other governmental
entities with oversight or evaluation responsibilities for the program
(({- shall have access to employer wage information on clients in the
program whose names and social security numbers are provided to the
department -})) {+ in accordance with RCW 43.20A.080 +}.  The {+
confidential +} information provided by the department {+ shall remain
the property of the department and +} may be used {+ by the authorized
requesting agencies +} only for statistical analysis, research, and
evaluation purposes as provided in RCW 74.08A.410 and 74.08A.420.  The
department of social and health services (({- is -})){+ , the office of
financial management, or other governmental entities with oversight or
evaluation responsibilities for the program are +} not required to
comply with subsection (1)(c) of this section, but the requirements of
the remainder of subsection (1) of this section {+ and applicable
federal laws and regulations +} must be satisfied.  {+ The confidential
information used for evaluation and analysis of welfare reform supplied
to the authorized requesting entities with regard to the WorkFirst
program or any successor state welfare program are exempt from public
inspection and copying under RCW 42.17.310. +}
     (9) The disclosure of any records or information by a governmental
agency which has obtained the records or information under this section
is prohibited unless the disclosure is directly connected to the
official purpose for which the records or information were obtained.
     (10) In conducting periodic salary or fringe benefit studies
pursuant to law, the department of personnel shall have access to
records of the employment security department as may be required for
such studies.  For such purposes, the requirements of subsection (1)(c)
of this section need not apply.
     {+ (11) To promote the reemployment of job seekers, the
commissioner may enter into data-sharing contracts with partners of the
one-stop career development system.  The contracts shall provide for
the exchange of data only to the extent that the exchange is necessary
for the efficient provisions of work force programs, including but not
limited to public labor exchange, unemployment insurance, worker
training and retraining, vocational rehabilitation, vocational
education, adult education, transition from public assistance, and
support services.  The exchange of information under contracts with
one-stop partners is exempt from subsections (1), (5), and (6) of this
section.
     (12) To facilitate improved operation and evaluation of state
programs, the commissioner may enter into data-sharing contracts with
other state agencies only to the extent that such exchange is necessary
for the efficient operation or evaluation of outcomes for those
programs.  The exchange of information by contract under this
subsection is exempt from subsection (1)(c) of this section.
     (13) The misuse or unauthorized release of records or information
by any person or organization to which access is permitted by this
chapter subjects the person or organization to a civil penalty of five
thousand dollars and other applicable sanctions under state and federal
law.  Suit to enforce this section shall be brought by the attorney
general and the amount of any penalties collected shall be paid into
the employment security department administrative contingency fund. 
The attorney general may recover reasonable attorneys' fees for any
action brought to enforce this section. +}


     Sec. 17.  RCW 42.17.310 and 1998 c 69 s 1 are each amended to read
as follows:
     (1) The following are exempt from public inspection and copying:
     (a) Personal information in any files maintained for students in
public schools, patients or clients of public institutions or public
health agencies, or welfare recipients.
     (b) Personal information in files maintained for employees,
appointees, or elected officials of any public agency to the extent
that disclosure would violate their right to privacy.
     (c) Information required of any taxpayer in connection with the
assessment or collection of any tax if the disclosure of the
information to other persons would (i) be prohibited to such persons by
RCW 84.08.210, 82.32.330, 84.40.020, or 84.40.340 or (ii) violate the
taxpayer's right to privacy or result in unfair competitive
disadvantage to the taxpayer.
     (d) Specific intelligence information and specific investigative
records compiled by investigative, law enforcement, and penology
agencies, and state agencies vested with the responsibility to
discipline members of any profession, the nondisclosure of which is
essential to effective law enforcement or for the protection of any
person's right to privacy.
     (e) Information revealing the identity of persons who are witnesses
to or victims of crime or who file complaints with investigative, law
enforcement, or penology agencies, other than the public disclosure
commission, if disclosure would endanger any person's life, physical
safety, or property.  If at the time a complaint is filed the
complainant, victim or witness indicates a desire for disclosure or
nondisclosure, such desire shall govern.  However, all complaints filed
with the public disclosure commission about any elected official or
candidate for public office must be made in writing and signed by the
complainant under oath.
     (f) Test questions, scoring keys, and other examination data used
to administer a license, employment, or academic examination.
     (g) Except as provided by chapter 8.26 RCW, the contents of real
estate appraisals, made for or by any agency relative to the
acquisition or sale of property, until the project or prospective sale
is abandoned or until such time as all of the property has been
acquired or the property to which the sale appraisal relates is sold,
but in no event shall disclosure be denied for more than three years
after the appraisal.
     (h) Valuable formulae, designs, drawings, and research data
obtained by any agency within five years of the request for disclosure
when disclosure would produce private gain and public loss.
     (i) Preliminary drafts, notes, recommendations, and intra-agency
memorandums in which opinions are expressed or policies formulated or
recommended except that a specific record shall not be exempt when
publicly cited by an agency in connection with any agency action.
     (j) Records which are relevant to a controversy to which an agency
is a party but which records would not be available to another party
under the rules of pretrial discovery for causes pending in the
superior courts.
     (k) Records, maps, or other information identifying the location of
archaeological sites in order to avoid the looting or depredation of
such sites.
     (l) Any library record, the primary purpose of which is to maintain
control of library materials, or to gain access to information, which
discloses or could be used to disclose the identity of a library user.
     (m) Financial information supplied by or on behalf of a person,
firm, or corporation for the purpose of qualifying to submit a bid or
proposal for (i) a ferry system construction or repair contract as
required by RCW 47.60.680 through 47.60.750 or (ii) highway
construction or improvement as required by RCW 47.28.070.
     (n) Railroad company contracts filed prior to July 28, 1991, with
the utilities and transportation commission under RCW 81.34.070, except
that the summaries of the contracts are open to public inspection and
copying as otherwise provided by this chapter.
     (o) Financial and commercial information and records supplied by
private persons pertaining to export services provided pursuant to
chapter 43.163 RCW and chapter 53.31 RCW, and by persons pertaining to
export projects pursuant to RCW 43.23.035.
     (p) Financial disclosures filed by private vocational schools under
chapters 28B.85 and 28C.10 RCW.
     (q) Records filed with the utilities and transportation commission
or attorney general under RCW 80.04.095 that a court has determined are
confidential under RCW 80.04.095.
     (r) Financial and commercial information and records supplied by
businesses or individuals during application for loans or program
services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW,
or during application for economic development loans or program
services provided by any local agency.
     (s) Membership lists or lists of members or owners of interests of
units in timeshare projects, subdivisions, camping resorts,
condominiums, land developments, or common-interest communities
affiliated with such projects, regulated by the department of
licensing, in the files or possession of the department.
     (t) All applications for public employment, including the names of
applicants, resumes, and other related materials submitted with respect
to an applicant.
     (u) The residential addresses and residential telephone numbers of
employees or volunteers of a public agency which are held by the agency
in personnel records, employment or volunteer rosters, or mailing lists
of employees or volunteers.
     (v) The residential addresses and residential telephone numbers of
the customers of a public utility contained in the records or lists
held by the public utility of which they are customers, except that
this information may be released to the division of child support or
the agency or firm providing child support enforcement for another
state under Title IV-D of the federal social security act, for the
establishment, enforcement, or modification of a support order.
     (w)(i) The federal social security number of individuals governed
under chapter 18.130 RCW maintained in the files of the department of
health, except this exemption does not apply to requests made directly
to the department from federal, state, and local agencies of
government, and national and state licensing, credentialing,
investigatory, disciplinary, and examination organizations; (ii) the
current residential address and current residential telephone number of
a health care provider governed under chapter 18.130 RCW maintained in
the files of the department, if the provider requests that this
information be withheld from public inspection and copying, and
provides to the department an accurate alternate or business address
and business telephone number.  On or after January 1, 1995, the
current residential address and residential telephone number of a
health care provider governed under RCW 18.130.140 maintained in the
files of the department shall automatically be withheld from public
inspection and copying unless the provider specifically requests the
information be released, and except as provided for under RCW
42.17.260(9).
     (x) Information obtained by the board of pharmacy as provided in
RCW 69.45.090.
     (y) Information obtained by the board of pharmacy or the department
of health and its representatives as provided in RCW 69.41.044,
69.41.280, and 18.64.420.
     (z) Financial information, business plans, examination reports, and
any information produced or obtained in evaluating or examining a
business and industrial development corporation organized or seeking
certification under chapter 31.24 RCW.
     (aa) Financial and commercial information supplied to the state
investment board by any person when the information relates to the
investment of public trust or retirement funds and when disclosure
would result in loss to such funds or in private loss to the providers
of this information.
     (bb) Financial and valuable trade information under RCW 51.36.120.
     (cc) Client records maintained by an agency that is a domestic
violence program as defined in RCW 70.123.020 or 70.123.075 or a rape
crisis center as defined in RCW 70.125.030.
     (dd) Information that identifies a person who, while an agency
employee:  (i) Seeks advice, under an informal process established by
the employing agency, in order to ascertain his or her rights in
connection with a possible unfair practice under chapter 49.60 RCW
against the person; and (ii) requests his or her identity or any
identifying information not be disclosed.
     (ee) Investigative records compiled by an employing agency
conducting a current investigation of a possible unfair practice under
chapter 49.60 RCW or of a possible violation of other federal, state,
or local laws prohibiting discrimination in employment.
     (ff) Business related information protected from public inspection
and copying under RCW 15.86.110.
     (gg) Financial, commercial, operations, and technical and research
information and data submitted to or obtained by the clean Washington
center in applications for, or delivery of, program services under
chapter 70.95H RCW.
     (hh) Information and documents created specifically for, and

collected and maintained by a quality improvement committee pursuant to
RCW 43.70.510, regardless of which agency is in possession of the
information and documents.
     (ii) Personal information in files maintained in a data base
created under RCW 43.07.360.
     (jj) Financial and commercial information requested by the public
stadium authority from any person or organization that leases or uses
the stadium and exhibition center as defined in RCW 36.102.010.
     (kk) Names of individuals residing in emergency or transitional
housing that are furnished to the department of revenue or a county
assessor in order to substantiate a claim for property tax exemption
under RCW 84.36.043.
     (ll) The names, residential addresses, residential telephone
numbers, and other individually identifiable records held by an agency
in relation to a vanpool, carpool, or other ride-sharing program or
service.  However, these records may be disclosed to other persons who
apply for ride-matching services and who need that information in order
to identify potential riders or drivers with whom to share rides.
     (mm) Proprietary financial and commercial information that the
submitting entity, with review by the department of health,
specifically identifies at the time it is submitted and that is
provided to or obtained by the department of health in connection with
an application for, or the supervision of, an antitrust exemption
sought by the submitting entity under RCW 43.72.310.  If a request for
such information is received, the submitting entity must be notified of
the request.  Within ten business days of receipt of the notice, the
submitting entity shall provide a written statement of the continuing
need for confidentiality, which shall be provided to the requester. 
Upon receipt of such notice, the department of health shall continue to
treat information designated under this section as exempt from
disclosure.  If the requester initiates an action to compel disclosure
under this chapter, the submitting entity must be joined as a party to
demonstrate the continuing need for confidentiality.
     (nn) Records maintained by the board of industrial insurance
appeals that are related to app